Child Witnesses in Twentieth Century Australian Courtrooms (Palgrave Histories of Policing, Punishment and Justice)

This book considers the law, policy and procedure for child witnesses in Australian criminal courts across the twentieth century. It uses the stories and experiences of over 200 children, in many cases using their own words from press reports, to highlight how the relevant law was – or was not - applied throughout this period. The law was sympathetic to the plight of child witnesses and exhibited a significant degree of pragmatism to receive the evidence of children but was equally fearful of innocent men being wrongly convicted. The book highlights the impact ‘safeguards’ like corroboration and closed court rules had on the outcome of many cases and the extent to which fear – of children, of lies (or the truth) and of reform – influenced the criminal justice process. Over a century of children giving evidence in court it is `clear that the more things changed, the more they stayed the same’. Preface Contents Abbreviations List of Tables 1 Introduction The Structure of the Book Part One—Introduction Part Two—Getting into Court Part Three—Giving Evidence Part 4—Reflections and Conclusions References 2 Child Witnesses and the Common Law Sources of Child Witness Law and Procedure in Australia Pre-twentieth-century Attitudes Towards Children and Child Witnesses The Impact of Psychology and Medicine on Child Witness Law and Procedure Child Witnesses in the Media Conclusion References 3 “Those Troublesome Men in Blue”: Police The Relationship Between Police and Child Witnesses Women Police Officers Police Practices—Investigating Crime Confronting the Suspect Identifying Suspects Interviewing Children Police and the Trial Process New Approaches to Child Witness Practices Interview Practices New Technologies Conclusion References 4 “If the Law Doesn’t Get You, the Lord Will”: Competency and Capacity The Common Law Oath Test “Tender Years” Religious Belief The Consequences of Failing the Oath Test Unsworn Testimony An Artificial Oath Test—Educating Child Witnesses on the Nature of the Oath Opposition to the Oath Test Reforming the Competency Test in the Late Twentieth Century Conclusion References 5 “And the Kiddie Was at Home”: The Courtroom Environment Child Witnesses and the Adversarial Courtroom “Common Sense Methods” of Making Little Kiddies at Home When Pragmatism Met Principle “It’s a Pity There Is not Another Way”—Calls for Reform The Reforms of the 1980s Onwards Conclusion References 6 “What the Nipper Said Was True”: Examination The Oral Tradition Prosecutors Cross-Examination Protecting Children from Cross-Examination Cross-Examination by the Accused Resisting Reform Conclusion References 7 “Trying to Bend the Law to Fit”: Corroboration Pre-Twentieth Century Approach to Corroboration Statutory Reforms “The Reverence of a Rule of Law”—Common Law Practice 1975 to 2000—the Not-so-Sudden Demise of Corroboration Conclusion References 8 “The Law Which Professed to Protect ... Served to Crush”: Indigenous Child Witnesses Indigenous Children and the Common Law Locating Child Witness Cases The Trial Process Interactions with Police Competency and Capacity The Courtroom Environment Corroboration Examination and Cross-Examination Reform Conclusion References 9 “Changes in Law Were Full of Danger”: Conclusion References Index